Where do I file for probate in Winston County?

File at the Winston County Chancery Clerk's office located at 154 South Court Ave, Louisville, MS 39339.

How much does probate cost in Winston County?

Initial filing fees are typically a deposit of around $150-$200. Publication costs add another $100-$200. Attorney fees vary and are subject to court approval.

Can I avoid probate in Winston County with a small estate?

Yes, if the decedent's personal property is worth $75,000 or less and there is no real estate to transfer, you may be able to use a Small Estate Affidavit after a 30-day waiting period.

How long does probate take in Winston County?

A simple estate takes at least 6 months due to the 90-day creditor period and administrative tasks. Most average estates take 9-15 months.

Do I need an attorney for probate in Winston County?

While not strictly required by law for all tasks, Mississippi Chancery Courts strongly recommend and often require an attorney for fiduciary appointments to ensure legal procedures are correctly followed.

Where is the notice to creditors published?

Notices are typically published in the Red Hills MS News (formerly the Winston County Journal), which is the newspaper of general circulation for the county.

Winston County Probate Guide: Courts, Fees & Process (2026)

Overview

Winston County is located in Mississippi with a population of approximately 17,418. The Winston County Chancery Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.

Mississippi probate is governed by Title 91 of the Mississippi Code. The process begins with filing a Petition for Letters Testamentary (if there is a will) or Letters of Administration (if no will) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.

Mississippi offers a simplified procedure for small estates known as the Small Estate Affidavit (Affidavit of Successor). This is available if the value of the decedent's personal property does not exceed $75,000 and no petition for the appointment of a personal representative is pending or has been granted.

Mississippi does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate. Instead, fees must be "reasonable" and are subject to court approval based on the complexity of the work performed.

This guide provides an informational overview of the Winston County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.

Courthouse Information

Winston County Chancery Court

Probate matters in Winston County are handled at the Winston County Courthouse.

Address: 154 South Court Ave, Louisville, MS 39339

Phone: (662) 773-3631 (Chancery Clerk)

Hours: Monday through Friday, 8:00 AM to 5:00 PM

The Chancery Clerk's office serves as the clerk for the Chancery Court and maintains all probate records. The courthouse is located in downtown Louisville.

Parking and Access

Public parking is available around the courthouse square and on adjacent streets. There is a designated entrance for security screening.

Filing Process

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

Small Estate Affidavit: If the decedent's personal property is valued at $75,000 or less and there is no real estate involved (or real estate passes outside probate), you may be able to use an affidavit to collect assets after a 30-day waiting period.
Muniment of Title: If the decedent left a will and the only asset is real property, you may file a Petition for Muniment of Title to transfer ownership without full estate administration.
Trust administration: Assets held in a living trust generally do not require probate.

Step 2: File the Petition

If formal probate is needed, file a Petition for Probate with the Winston County Chancery Court. Include:

Original Last Will and Testament (if applicable)
Certified death certificate
Civil Case Filing Form
Filing fee (typically a deposit for costs)
List of heirs and their addresses

Mississippi Electronic Courts (MEC) e-filing may be available or required for attorneys.

Step 3: Provide Notice

After filing, you must:

Mail notice (Summons) to all heirs and beneficiaries who have not signed a waiver of process.
Publish notice to creditors in a newspaper of general circulation in Winston County for three consecutive weeks.

Step 4: Attend the Hearing

The court may schedule a hearing to open the estate, especially if there are issues with the will or if waivers were not obtained. If uncontested, the judge may sign the order opening the estate and appointing the fiduciary without a formal hearing in some cases. Once appointed, the clerk issues Letters Testamentary or Letters of Administration.

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Allow the 90-day creditor claim period to expire (starts from first publication).
Inventory and appraise all estate assets within 90 days (unless waived by the will and the court).
Pay valid creditor claims and estate expenses.
File federal and state tax returns as needed.
Distribute assets to beneficiaries.
File a Final Account and Petition to Close Estate (unless all beneficiaries waive the accounting).

Local Requirements

Winston County-Specific Procedures

E-filing: Winston County participates in the Mississippi Electronic Courts (MEC) system. Attorneys are generally required to e-file.
Bond requirements: A surety bond is typically required for administrators (intestate) and executors (unless waived in the will), usually in the amount of the value of the personal estate.
Local court rules: The 6th Chancery Court District may have specific local rules regarding scheduling and document formatting.
Publication: Notice to creditors must be published in a newspaper of general circulation in Winston County for three consecutive weeks.

Always check with the Chancery Clerk for the most current local filing requirements.

Timeline & Fees

Filing Fees (Winston County)

Petition for Probate: approximately $150-$200 (deposit for costs)
Small Estate Affidavit: approximately $15-$25 (recording fee)
Certified copies of Letters: approximately $2-$5 per copy
Publication costs: approximately $100-$200 depending on the newspaper
Service of Process: varies by Sheriff or private process server

Note: Fees are subject to change. Contact the Chancery Clerk at (662) 773-3631 for the exact current fee schedule.

Payment Methods

The court typically accepts cash, cashier's checks, or money orders. Attorneys using MEC pay via credit card or bank draft.

Estimated Timelines

Simple estates (no disputes, limited assets): 6-9 months
Average estates: 9-15 months
Complex or contested estates: 18 months to 2+ years

The 90-day creditor claim period is a mandatory minimum wait time before the estate can be closed.

Local Resources

Winston County Court Resources

Court Website: https://www.winstoncountyms.org/chancery-clerk.html
Mississippi Electronic Courts (MEC): https://courts.ms.gov/mec/mec.php
State Probate Forms: https://courts.ms.gov/mec/Mec-forms.php

Legal Aid and Attorney Referrals

Mississippi Bar Association: (601) 948-4471 — https://www.msbar.org
North Mississippi Rural Legal Services: (800) 498-1804 — Provides legal assistance to eligible low-income residents.
Mississippi Volunteer Lawyers Project: https://mvlp.org

Publication

Red Hills MS News (formerly Winston County Journal): (662) 773-6241 — https://www.redhillsmsnews.com

Probate in Winston County, Mississippi: 2026 Guide